1 2025:CGHC:53948 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7772 of 2025 Deepak Patel S/o Arun Patel Aged About 27 Years R/o Village Khjuwakala Near Pani Tanki, P.S. Gurh, Distt. Rewa, M.P. At Present Chirhula Police Colony Nawi Batalien, Block No. 03 House No. 34, Distt. Rewa, M.P. (As Per Challan) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Guduyari, Distt. Raipur, Chhattisgarh. ... Non-applicant(s) For Applicant : Ms. Madhunisha Singh, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 328/2025, registered at Police Station-Guduyari District-Raipur (C.G.) for the o:ence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act. 2. The prosecution story in brief, is that, on 10.07.2025, as per received a secret information from the informant and on the basis of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.07 14:48:33 +0530 2 such information, the concerned Police O<cials reached at concerned spot, conducted raid and have seized 10.963 kgs. of Ganja from the possession of the applicant. Thereafter, the o:ence was registered under Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and said contraband (Ganja) was not seized from the exclusive possession of the applicant. She further submits that that prosecution agency has not followed the provisions under Section 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 10.963 kg contraband article i.e. (Ganja) has been seized. It is further submitted by the learned counsel for the applicant that the applicant has three criminal antecedents and all are still pending as explained in the bail application of para No.4(A) and he is in jail since 10.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in the present case, charge-sheet has been Bled before the competent Court and the applicant has four 3 criminal antecedents out of which three cases have been explained in the bail application of para No.4(a) which all are still pending and one case is under the NDPS Act of the year 2022 which is also still pending as such, the present applicant is a habitual o:ender and he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of o:ence levelled against the applicant and the fact that in the present case charge-sheet has been Bled before the competent Court and the quantity of contraband article which was recovered from the possession of the applicant i.e. 10.963 Kgs of Ganja and so far as the criminal antecedents of the applicant is concerned, he has four criminal antecedents out of which three cases have been explained in the bail application of para No.4(a) which all are still pending and one case is under the NDPS Act of the year 2022 which is also still pending, as such, the present applicant is a habitual o:ender, further he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a Bt case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Deepak Patel, involved in Crime No. 328/2025, registered at Police Station- 4 Guduyari District-Raipur (C.G.) for the o:ence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. O<ce is directed to provide a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek